Pershore Parking

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Pershore Parking

Pershore parking in Worcestershire is getting more testing by the day. There seem to be more yellow lines, additional traffic wardens, a reduced amount of free car parking and even superstores are now charging for you to park and shop with them...where will it all end?

Hopefully uk comprehensive can help you with your parking in Pershore. If you have established a parking ticket or fine whilst parking in Pershore, then we are here to help.

First there are 2 various types of parking ticket which are a Penalty Charge Notice or a Parking Charge Notice. It is imperative for your wallet that you are unmistakable about which notice you have received. If the ticket is a formal notice from Pershore council or Pershore police then you've been issued a PENALTY CHARGE NOTICE (PCN). Only the Police and the Council are allowed to issue PCN's and it means that you are being fined for parking illegally on public land. Such an offence is backed up by criminal law and you can be fined or end up in court for non-payment of the fines.

If you have received a PCN issued by a council or police force then you should refer to the Pershore council or Pershore police for suggestion on what to do next. Pershore council will have comprehensive directives on their web pages outlining how long you have got to pay the fine, how to pay the fine and the penalties implicated if you fail to pay within the time frame.

Frequently they offer a discount (how nice of them) if you pay within a set period of time.

The Penalty Charge Notice should in addition contain clear detail of what parking violation you are accused of committing and contain any support, such as a video, which is being relied upon to prove you committed the offence. Significantly, the Penalty Charge Notice must in addition contain clear instructions of what to do if you want to dispute the penalty, along with details of the appeals method and the timescales involved.

If you are in any doubt as to what to do when you are given a penalty charge notice, it is always a nice idea to seek independent counsel from the Pershore Citizen's Advice Bureau, or a Pershore lawyer. The Law Society can provide details of a Pershore solicitor.

If you have got a Parking Charge Notice then you have received this from a private parking business. A private parking company is an organisation which has entered into an arrangement with a landowner to enforce any parking restrictions they choose to place on their land.

A landlord typically supermarkets, hospitals, retail shopping centres - creates a car park or uses the existing one - they will set out restrictions more often than not in a notification displayed on the land which you agree to abide by when you park on that land. By choosing to park on the land it may be implied that you agree to these conditions, specifically if the notice is clear and prominently displayed and you are as a result entering into a deal with the business running the car park.

More often than not, such restrictions will include a set time limit, a condition to pay and display or a no-return policy. The T&C's of the car park should be displayed obviously and concisely on signs as you enter the car park and at other points across the site, along with info about parking fees and any ensuing charges which could be incurred for failing to comply. If you be given a parking charge notice you ought to check that these terms are correctly displayed at the car park in question. If you discover they aren't, you may desire to write to the business to appeal the charge.

The chief distinction involving an official penalty charge issued by the establishment and a parking charge issued by a private business is that there is nothing in criminal law to support a penalty or fine for parking on private land. Consequently they should not be described as penalties or fines, even though numerous parking operators will label their notices a Parking Charge Notice, which handily also abbreviates to PCN (what a coincidence!).

In issuing a Parking Charge Notice, the parking operator is relying on the law of contract to make an entitlement for compensation. The total they ask for is to compensate for you breaching the contract you created when you parked on the property in question. According to the Citizen's Advice Bureau, this payment should be reasonable and in line with the loss suffered by the business, although extreme charges are common. This isn't a criminal matter despite any impression given to the contrary by the operator.

The operator has no right to salvage a parking charge from you without first taking you to court, so if you sense there has been a blunder and you shouldn't have been issued a ticket, you may wish to dispute the charge with the parking company as soon as possible. You should ask them to make available evidence of their case against you. If you fail to reach an agreement with them, then, as with all civil matters, it is up to the parking company to prove their argument in court, but it is advisable to seek advice from the CAB or a solicitor before things get to this period. Take into account that the parking operator has to prove its case on the balance of probabilities.

It is also foremost to note that, as things currently exist, the driver of the vehicle is the only person who can enter into a contract with the landowner. Therefore if you were not the person driving you may wish to inform the parking company of this right away. Just because you are the registered keeper of the car, you are under no legal obligation to impart the parking operator with any further information, as you would be with the police. In particular you do not have to identify the driver or supply his or her name and address.

Indeed if you are assured that you have not parked in contravention of the rules of the car park, you do not have to contact the parking company if you do not wish to do so as the obligation is on the parking company to corroborate its case. However you should let them know that you contest the notice as if not, you can be expecting a sequence of letters from the company itself, debt collectors and solicitors, all warning of court action. However, the reality is that extremely few cases ever reach court because of the difficulties the private company has in proving its case. As a result, the letters usually stop. Even if a case does reach court, the company may have trouble convincing a judge that the charge is fair.

The bottom line is it's going to be very difficult for these companies to show you are a guilty party in this. In 99.99% of cases the best thing to do is rip up the ticket and throw it away. We would recommend not to contact the company (as you are handing them your details) or waste your time and money consulting a solicitor. Most of these companies do not provide proper signage - in other words they are straightforward to miss when you are busy thinking of all the stuff you want to buy.